An Ontario judge has struck down the provincial government鈥檚 efforts to slash the size of Toronto city council in the middle of an election, saying the move violated constitutional rights.

In a decision handed down early Monday, Superior Court Justice Edward Belobaba said Premier Doug Ford and his Progressive Conservatives interfered with the right to freedom of expression for both candidates and voters when the province enacted the Better Local Government Act last month.

Bill 5 slashed the size of Toronto鈥檚 city council from 47 seats to 25, aligning them with federal ridings, despite the fact that the campaign for the Oct. 22 election was already underway.

Belobaba sharply criticized the bill in his decision.

鈥淭here is no evidence that any other options or approaches were considered or that any consultation ever took place,鈥� he wrote. 鈥淚t appears that Bill 5 was hurriedly enacted to take effect in the middle of the city鈥檚 election without much thought at all, more out of pique than principle. 鈥�

The judge accepted arguments from city lawyers, who contended that reducing the number of councillors in the middle of an election is 鈥渄iscriminatory and arbitrary,鈥� and violated the charter.

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Belobaba acknowledged the importance of exercising judicial restraint when it comes to the decisions of governments but said that in this case, it was appropriate for the court to act.

鈥淚t is only when a democratically elected government has clearly crossed the line that the 鈥榡udicial umpire鈥� should intervene,鈥� he said. 鈥淭he province has clearly crossed the line.鈥�

He noted that the province鈥檚 imposition of Bill 5 had two 鈥渃onstitutional deficiencies鈥� that can鈥檛 be tolerated in a free and democratic society.

鈥淭he first relates to the timing of the law and its impact on candidates,鈥� he said. 鈥淭he second to its content and its impact on voters.鈥�

Ford had argued the move would improve decision-making on the council, where he served one term. He also said the move would save $25 million.

The premier is set to respond to the ruling at noon.

Belobaba said last month that he was certain his decision would be appealed by the losing party.

Green Party Leader Mike Schreiner said the decision confirms that not even Ford is 鈥渁bove the law.鈥�

鈥淔ord鈥檚 efforts to put ideology above evidence and his personal agenda before democracy have real world consequences,鈥� he said in a statement. 鈥漈hankfully, the courts have put a check on the premier鈥檚 undemocratic actions for the second time now.鈥�

Bill 5 also cancelled planned elections for the head of council position in the regional municipalities of Muskoka, Peel, York and Niagara, turning them into appointed roles. Belobaba said his ruling does not impact that aspect of the bill.

The Canadian Press

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